ATTEMPTED RAPE: Evidence of mens rea of Courthouse lawn sex with unconscious woman sufficient for conviction even without questionable video testimony by witnesses… Larson affirmed (memorandum). [Read more…]
Archives for 2022
Double jeopardy, Meagher SIWC discussed in L&C trial
DOUBLE JEOPARDY not implicated by discussion of Meagher Co. SIWC in L&C case… supervisory control of Spaulding denied… order. [Read more…]
Ineffective assistance, divorce attorney, theft
INEFFECTIVE ASSISTANCE: Claim that divorce attorney was ineffective resulting in statements that should be suppressed in criminal prosecution fails because there is no right to counsel in a divorce… Olson affirmed (memorandum). [Read more…]
Defense verdict, transient death in garbage truck hopper
VERDICT: Defense, death of transient crushed in garbage truck hopper. [Read more…]
Settlements
Plan I
Patrick Volkmar, lower extremity, 10/18, Great Falls Public Schools, MSGIA accepted liability, disputes as to future wage loss, $20,000 to settle indemnity & rehab, medical reserved, stipulated judgment; Thomas Murphy for Volkmar, Morgan Weber for MSGIA [Read more…]
Traffic stop, unreasonable stop & prolong for dog sniff
TRAFFIC STOP: No reasonable cause for stop of parked car on closed road at 11:30 p.m. or for prolonging stop “after not a hint of criminal activity” to allow for removing all persons from the car and conducting a “free air” K9 sniff… paraphernalia (THC pen) conviction reversed… Andrew Huff reversed. [Read more…]
Marital, high-end estate apportionment/support
MARITAL: Apportionment of estate of insurance company executive and wife with interests in family beer & wine distributorship and child support affirmed and reversed… adoption of husband’s findings & conclusions not grounds for new trial… Menahan affirmed, reversed. [Read more…]
Elections, student ID, no same-day registration
ELECTIONS: SB 169 (student ID insufficient to vote) and HB 176 (no election day registration) properly preliminarily enjoined… Moses affirmed. [Read more…]
Revocation, futile additional incentives/interventions
REVOCATION: Original 10 years for felony theft properly imposed based on determination that Defendant would not be responsive to additional incentives & interventions… Defendant entitled to credit for 335 days elapsed time… Abbott affirmed, reversed. [Read more…]
$6 million verdict, med-mal, stroke
VERDICT: $6 million, med-mal, failure to timely prescribe tPA “clot-buster” for stroke patient. [Read more…]
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